The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-05-05

their officers, shall continue and shalt
exercise the powers and jurisdiction now
conferred on them, and appeals shalt lie
as at present, except that civil cases here
tofore appealable to the court of appeals
shall, until otherwise provided by law, be
appealable to the supreme court, under
the rules and regulations now prescribed
for appeals to that court; provided, the
court of appeals shall determine all civil
cases pending before it at the time this
amendment shall be declared a part of
the constitution.
Section 35. No justice or judge shall
sit in any case wherein he may be inter-
ested in the question to be decided, or
where either of the parties may be con
nected with him by affinity or consan-
guinity within such degree as may be pre-
scribed by law, or where he shall have
been counsel in the case. When a Justice
of the Supreme Court, or of the Court of
Appeals, shall be disqualified to hear and
determine any case or gases IN said court,
the same shall be certified by such court
to the Governor of the State, who shall
Immediately commission the requisite
number of persons, learned in the law, for
the trial and determination of such case
or cases. When the judge of a district
court is disqualified, the parties may, by
consent, appoint proper person to try
the case, or upon their failure to do
so competent person may be ap-
pointed by the governor to try the
case, in the county where it is pend
ing, in such manner as may be prescribed
by law. The district judges may ex-
change districts, or hold courts for each
other, when they may deem it expedient,
and shall do so when directed by law.
Section SO. District clerks, sheriffs,
prosecuting attorneys, and other officers,
provision for whose removal from Office is
not otherwise specially provided for, may
be removed from Office by the judges of
the district courts, for incompetency, Off
cial misconduct, habitual drunkenness, or
drunkenness which does not amount to
habitual drunkenness,or other causes dehn-
ed by law, upon the cause therefor being set
forth in writing, and the finding of its
truth by jury. Vacancies in all the Of
fees shall be filled as may be prescribed
in this Constitution, or, in the absence of
constitutional provisions, then, in such
manner as may be prescribed by law; and,
until otherwise provided, vacancies in of
flee shall be filled in the manner now pre-
scribed.
Section 81. The Legislature shall not
create any court inferior to the district
court with jurisdiction of suits in behalf
of the State to recover penalties, for
FIXTURES, and escheats; of suits to recover
damages for SANDER or defamation of
character; of suits for divorces; or of suits
for trial of title to land, or for the en-
forcement of liens thereon, except liens
acquired by levy of process issued out of
such court, or of civil cases wherein the
amount in controversy exceeds one thou
sand dollars.
SEC. 2. Section 38. And it is fur
Their resolved, That the Governor be re,
quested to submit to the vote of the
State the foregoing proposed amend
ment to the Constitution at an election TO
be ordered on the first Tuesday in Au-
gust, A. D. 1887, in accordance with the
provisions of Article II of the State
Constitution; and, at said election those
desiring to vote for said amendment shall
have written or printed upon their tickets
the words, 'For amendment of Article 5,
relating to the Judiciary" and those de-
string to vote against said amendment
shall have written or printed upon their
tickets the words, against amendment of
Article 3, relating to the judiciary"
| Anprouad Anvil 1897